# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 17

- 2010 V

(Not to be published)

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

GEORGE FOSTER

, *

*

Petitioner, * Filed: October 4 , 2019

*

v. * Decision by Stipulation; Damages;

* Influenza (“Flu”) Vaccine.

*

SECRETARY OF HEALTH AND *

HUMAN SERVICES

, *

*

Respondent. *

* * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Anne Carrion Toale

, Maglio Christopher and Toale

, Sarasota, FL

, for Petitioner

.

Claudia Barnes Gangi

, U.S. Dep’t of Justice, Washington, DC, for Respondent

.

DECISION ON JOINT STIPULATION 1

On December 21, 2017 , Petitioner George Foster filed a petition seeking compensation

under the National Vaccine Injury Compensation Program ( “ the Vaccine Program ” ). 2 Petition,

ECF No. 1. Petitioner alleges that he developed Parsonage Turner Syndrome (“PTS”) as a result

of receiving an in fluenza (“flu”) vaccination on October 14 , 2015

. See Stipulation ¶ 4 , dated

October 3 , 2019 (ECF No. 30 ) ; See also Petition

.

1 Although this Decision has been formally designated “not to be published,” it will nevertheless be posted

on the Court of Federal Claims’ website in accordance with the E

- Government Act of 2002, 44 U.S.C. §

3501 (2012). This means the ruling will be availa ble to anyone with access to the internet . As provided

by 42 U.S.C. § 300aa

- 12(d)(4)(B), however, the parties may object to the Decision’s inclusion of certain

kinds of confidential information. Specifically, under Vaccine Rule 18(b), each party has fourte en days

within which to request redaction “of any information furnished by that party: (1) that is a trade secret or

commercial or financial in substance and is privileged or confidential; or (2) that includes medical files or

similar files, the disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine

Rule 18(b). Otherwise, the Decision in its present form will be available. Id.

2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National Childhood

Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755, codified as amended, 42 U.S.C.A. ' 300aa

10

- ' 300 aa

- 34 (West 1991 & Supp. 2002). All citations in this decision to individual sections of the Vaccine

Act are to 42 U.S.C.A. ' 300aa.2

Respondent denies “ that the flu vaccination caused [P]etitioner’s alleged PTS, any other

injury, or his current disabilities

. ” See Stipulation ¶ 6

. Nonetheless both parties , while maintaining

their above

- stated positions, agreed in a s tipulation filed October 3 , 2019 that the issues before

them can be settled and that a decision should be entered awarding Petitioner compensation.

I have reviewed the file , and based upon that review, I conclude that the parties’ stipulation

is reasonable

. I therefore adopt it as my de cision in awarding damages on the terms set forth

therein.

The stipulation awards :

a lump sum of $ 95,000 .00 in the form of a check payable to petitioner.

Stipulation ¶ 8. This award represents compensation for all damages that would be available unde r

42 U.S.C. § 300aa

- 15(a).

I approve a Vaccine Program award in the requested amount set forth above to be made to

Petitioner

. In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk

of the court is directed to enter judgment herewith. 3

IT IS SO ORDERED.

s/ Katherine E. Oler

Katherine E. Oler

Special Master

3 Pursuant to Vaccine Rule 11(a), the parties may expedite entry of judgment by jointly filing notice

renouncing their right to seek review.